Common use of Technical Publication Clause in Contracts

Technical Publication. Licensee shall ensure that all publications, and other forms of public disclosure such as abstracts and presentations, of results of studies carried out under this Agreement or otherwise relating to a Product (each of the foregoing, a “Publication”) comply with the strategy established by the JDC pursuant to Section 3.2(a)(iv). Licensee shall not submit for publication, publish or present a Publication without the opportunity for prior review by Licensor, except to the extent required by Laws. If Licensee or its Affiliate seeks to submit, publish or present a Publication, it shall provide Licensor the opportunity to review and comment on the proposed Publication at least sixty (60) days before its intended submission for publication or presentation. Licensor shall provide Licensee or its Affiliate with Licensor’s reasonable comments in writing, if any, within thirty (30) days after receipt of such proposed Publication. Licensee or its Affiliate shall consider in good faith such comments provided by Licensor and shall comply with Licensor’s request to remove any and all of Licensor’s Confidential Information from the proposed Publication. In addition, Licensee or its Affiliate shall delay the submission for a period of up to forty-five (45) days if Licensor can demonstrate reasonable need for such delay to prepare and file a patent application for which it has prosecution control pursuant to this Agreement. If Licensor fails to provide its comments to Licensee or its Affiliate within such thirty (30)-day period, Licensor will be deemed to not have any comments, and Licensee or its Affiliate may submit for publication or present in accordance with this Section 11.3 after the thirty (30)-day period has elapsed. Licensee or its Affiliate shall provide Licensor a copy of the manuscript, abstract or presentation at the time of the submission or presentation, as applicable. Licensee or its Affiliate agrees to acknowledge the contributions of Licensor and its Affiliates and their respective employees in all publications, as scientifically appropriate.

Technical Publication. Licensee (a) During the Term, Theravance shall ensure that all publicationshave the right to publish and otherwise publicly disclose peer reviewed manuscripts, and or provide other forms of public disclosure such as including abstracts and presentations, of results of studies carried out under this Agreement by or otherwise relating to a Product (each on behalf of the foregoingParties under the Collaboration Plans, including on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, subject to compliance with this Section 10.3. In the event that Theravance desires to make such a “Publication”) comply with the strategy established by the JDC pursuant to Section 3.2(a)(iv). Licensee shall not submit for publication, publish publication or present a Publication without the opportunity for prior review by Licensor, except to the extent required by Laws. If Licensee or its Affiliate seeks to submit, publish or present a Publicationpublic presentation of any Collaboration Know-How, it shall provide Licensor the opportunity ▇▇▇▇▇▇▇ with at least thirty (30) days to review and comment on the such proposed Publication at least sixty (60) days before publication or presentation prior to its intended submission for publication or presentation. Licensor ▇▇▇▇▇▇▇ shall have the right to delay publication or presentation for up to an additional sixty (60) days in order to enable patent applications protecting each Party's rights in such information to be filed, and ▇▇▇▇▇▇▇ shall also have the right to prohibit the disclosure of any of its Confidential Information contained in any such proposed publication or presentation. In any permitted publication or presentation by a Party, the other Party's contribution shall be duly recognized, and co-authorship shall be determined, in accordance with customary standards. (b) Prior to the Opt-In Date, ▇▇▇▇▇▇▇ shall not make any publications or presentations regarding the results of the Collaboration Plans or the Products without Theravance's prior written consent. After the Opt-In Date, ▇▇▇▇▇▇▇ shall have the right to publish and otherwise publicly disclose peer reviewed manuscripts, or provide other forms of public disclosure including abstracts and presentations, of results of studies carried out by or on behalf of the Parties under the Collaboration Plans for the applicable Product concerning the Development and Commercialization of such Product, including on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, subject to compliance with this Section 10.3. In the event that ▇▇▇▇▇▇▇ desires to make such a publication or public presentation of any Collaboration Know-How, it shall provide Licensee or its Affiliate Theravance with Licensor’s reasonable comments in writing, if any, within at least thirty (30) days after receipt of to review and comment on such proposed Publication. Licensee publication or presentation prior to its Affiliate shall consider in good faith such comments provided by Licensor and shall comply with Licensor’s request to remove any and all of Licensor’s Confidential Information from the proposed Publication. In addition, Licensee or its Affiliate shall delay the submission for a period of up to forty-five (45) days if Licensor can demonstrate reasonable need for such delay to prepare and file a patent application for which it has prosecution control pursuant to this Agreement. If Licensor fails to provide its comments to Licensee or its Affiliate within such thirty (30)-day period, Licensor will be deemed to not have any comments, and Licensee or its Affiliate may submit for publication or present presentation. Theravance shall have the right to delay publication or presentation for up to an additional sixty (60) days in order to enable patent applications protecting each Party's rights in such information to be filed, and Theravance shall also have the right to prohibit the ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. ​ ​ disclosure of any of its Confidential Information contained in any such proposed publication or presentation. In any permitted publication or presentation by a Party, the other Party's contribution shall be duly recognized, and co-authorship shall be determined, in accordance with this Section 11.3 after the thirty (30)-day period has elapsed. Licensee or its Affiliate shall provide Licensor a copy of the manuscript, abstract or presentation at the time of the submission or presentation, as applicable. Licensee or its Affiliate agrees to acknowledge the contributions of Licensor and its Affiliates and their respective employees in all publications, as scientifically appropriatecustomary standards.

Technical Publication. Licensee (a) During the Term, Theravance shall ensure that all publicationshave the right to publish and otherwise publicly disclose peer reviewed manuscripts, and or provide other forms of public disclosure such as including abstracts and presentations, of results of studies carried out under this Agreement by or otherwise relating to a Product (each on behalf of the foregoingParties under the Collaboration Plans, including on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, subject to compliance with this Section 10.3. In the event that Theravance desires to make such a “Publication”) comply with the strategy established by the JDC pursuant to Section 3.2(a)(iv). Licensee shall not submit for publication, publish publication or present a Publication without the opportunity for prior review by Licensor, except to the extent required by Laws. If Licensee or its Affiliate seeks to submit, publish or present a Publicationpublic presentation of any Collaboration Know-How, it shall provide Licensor the opportunity ▇▇▇▇▇▇▇ with at least thirty (30) days to review and comment on the such proposed Publication at least sixty (60) days before publication or presentation prior to its intended submission for publication or presentation. Licensor ▇▇▇▇▇▇▇ shall have the right to delay publication or presentation for up to an additional sixty (60) days in order to enable patent applications protecting each Party’s rights in such information to be filed, and ▇▇▇▇▇▇▇ shall also have the right to prohibit the disclosure of any of its Confidential Information contained in any such proposed publication or presentation. In any permitted publication or presentation by a Party, the other Party’s contribution shall be duly recognized, and co-authorship shall be determined, in accordance with customary standards. (b) Prior to the Opt-In Date, ▇▇▇▇▇▇▇ shall not make any publications or presentations regarding the results of the Collaboration Plans or the Products without Theravance’s prior written consent. After the Opt-In Date, ▇▇▇▇▇▇▇ shall have the right to publish and otherwise publicly disclose peer reviewed manuscripts, or provide other forms of public disclosure including abstracts and presentations, of results of studies carried out by or on behalf of the Parties under the Collaboration Plans for the applicable Product concerning the Development and Commercialization of such Product, including on ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, subject to compliance with this Section 10.3. In the event that ▇▇▇▇▇▇▇ desires to make such a publication or public presentation of any Collaboration Know-How, it shall provide Licensee or its Affiliate Theravance with Licensor’s reasonable comments in writing, if any, within at least thirty (30) days after receipt of to review and comment on such proposed Publication. Licensee publication or presentation prior to its Affiliate shall consider in good faith such comments provided by Licensor and shall comply with Licensor’s request to remove any and all of Licensor’s Confidential Information from the proposed Publication. In addition, Licensee or its Affiliate shall delay the submission for a period of up to forty-five (45) days if Licensor can demonstrate reasonable need for such delay to prepare and file a patent application for which it has prosecution control pursuant to this Agreement. If Licensor fails to provide its comments to Licensee or its Affiliate within such thirty (30)-day period, Licensor will be deemed to not have any comments, and Licensee or its Affiliate may submit for publication or present presentation. Theravance shall have the right to delay publication or presentation for up to an additional sixty (60) days in order to enable patent applications protecting each Party’s rights in such information to be filed, and Theravance shall also have the right to prohibit the ***CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. disclosure of any of its Confidential Information contained in any such proposed publication or presentation. In any permitted publication or presentation by a Party, the other Party’s contribution shall be duly recognized, and co-authorship shall be determined, in accordance with this Section 11.3 after the thirty (30)-day period has elapsed. Licensee or its Affiliate shall provide Licensor a copy of the manuscript, abstract or presentation at the time of the submission or presentation, as applicable. Licensee or its Affiliate agrees to acknowledge the contributions of Licensor and its Affiliates and their respective employees in all publications, as scientifically appropriatecustomary standards.